Appendix EU: UK Immigration

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Questions and Answers

According to Appendix EU, what is the primary purpose of this appendix?

To set out the basis on which an EEA citizen and their family members, and the family members of a qualifying British citizen, will be granted indefinite or limited leave to enter or remain.

List the three main requirements that an applicant must meet to be granted indefinite leave to enter or remain (excluding those applying as a joining family member of a relevant sponsor).

A valid application has been made.
The applicant meets the eligibility requirements for indefinite leave.
The application is not to be refused on grounds of suitability.

In the context of Appendix EU, what is the key difference between the requirements outlined in paragraph EU2 and EU2A?

EU2 outlines the requirements for indefinite leave to enter or remain for applicants other than those applying as a joining family member of a relevant sponsor, while EU2A outlines the requirements for those applying as a joining family member of a relevant sponsor.

If an applicant meets the eligibility requirements for limited leave to enter or remain, how long will the limited leave be granted for, according to paragraph EU3?

Five years. Signup and view all the answers

An applicant whose application is refused on grounds of suitability is considered to be in violation of which paragraph?

Paragraph EU15 or EU16. Signup and view all the answers

Contrast the conditions under which indefinite leave to enter/remain is granted versus the conditions for limited leave to enter/remain, according to the appendix.

Indefinite leave is granted when the applicant meets specific eligibility requirements (EU11 or EU12 for general applicants, EU11A for joining family members) and suitability requirements. Limited leave is granted when the applicant does not meet the eligibility requirements for indefinite leave but does meet the requirements for limited leave. Signup and view all the answers

Consider an EEA citizen who has lived in the UK for 3 years and then applies for indefinite leave to remain. Their application is rejected because they do not fully meet the requirements outlined in EU11, but they are otherwise deemed suitable. According to this excerpt, what would happen next, and which paragraph dictates this outcome?

The applicant will be granted five years' limited leave to remain, as they do not meet the eligibility requirements for indefinite leave but do meet the eligibility requirements for limited leave, and the application is not refused on grounds of suitability. This is dictated by paragraph EU3. Signup and view all the answers

Imagine a hypothetical scenario where an applicant, applying as a joining family member of a relevant sponsor, almost meets the criteria outlined in paragraph EU11A for indefinite leave to enter, but has a minor, non-violent criminal record that falls within the scope of EU15. However, they successfully argue that their deportation would violate Article 8 of the ECHR (right to family life) due to exceptional compelling circumstances. Based solely on the information provided in this appendix, can you definitively determine whether they will be granted leave to enter or remain, and why (or why not)?

Based solely on the information provided in this appendix, it is impossible to definitively determine whether they will be granted leave to enter or remain. The appendix specifies that the application is not to be refused on grounds of suitability, but does not outline factors related to Article 8 of the ECHR. The outcome depends on considerations beyond the scope of this particular legal excerpt. Signup and view all the answers

Under what circumstances, related to conduct before a specified date, can an application under Appendix EU be refused, referencing the EEA Regulations?

An application can be refused if the conduct committed before the specified date justifies refusal based on public policy, public security, or public health, in accordance with regulation 27 of the EEA Regulations (with specific modifications as detailed). Signup and view all the answers

What is the critical factor that determines whether the EEA Regulations apply to a person when assessing conduct before a specified date?

Irrespective of whether the EEA Regulations apply to that person. Signup and view all the answers

Before what date must a marriage or civil partnership have been contracted for a family member of a relevant EEA citizen to be eligible for indefinite leave to enter or remain?

The marriage must be contracted or the civil partnership formed before the specified date. Signup and view all the answers

If the date of application by the family member is before July 1, 2021, what status must the relevant EEA citizen generally hold to allow the family member to be eligible for indefinite leave to enter or remain?

The relevant EEA citizen must have been granted indefinite leave to enter or remain which has not lapsed, been cancelled, revoked or invalidated; or be in the process of being granted that leave. Signup and view all the answers

What condition must be met regarding conduct committed after the specified date for the Secretary of State to refuse an application?

The Secretary of State must deem the applicant’s presence in the UK is not conducive to the public good. Signup and view all the answers

Name three subparagraphs, other than (aa), that a relevant EEA citizen could meet to allow a family member applying before July 1 2021, to be eligible for indefinite leave to enter or remain?

Any three of the following: (bb), (cc), (dd), (ee), or (ff). Signup and view all the answers

What is the key criterion for refusing an application from a relevant excluded person due to conduct before the specified date?

The Secretary of State must be satisfied that the decision to refuse the application is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations. Signup and view all the answers

For applications made on or after July 1, 2021, list three subparagraphs that a relevant EEA citizen must meet, according to Annex 1, for their family member to be eligible for indefinite leave to enter or remain.

Any three of the following: (aa) sub-paragraph (a)(ii)(aa); (bb) sub-paragraph (b)(ii)(aa) (where the relevant citizen is an Irish citizen); (cc) sub-paragraph (c)(i); (dd) sub-paragraph (d)(iii)(aa); (ee) sub-paragraph (e)(i)(bb)(aaa), (e)(i)(bb)(ccc) or (e)(ii)(bb)(aaa); (ff) sub-paragraph (f)(ii)(aa) Signup and view all the answers

What happens if an order or decision against an applicant is set aside before the decision on their application under Appendix EU?

The order or decision is not considered when the application is decided. Signup and view all the answers

Briefly outline the scope of Annex 3 in the context of leave granted under Appendix EU.

Annex 3 applies in respect of the cancellation, curtailment, and revocation of leave to enter or remain granted under Appendix EU. Signup and view all the answers

What evidence, besides the 'required evidence of family relationship,' must the Secretary of State be satisfied of for an application made after the specified date?

The Secretary of State must be satisfied that one of conditions 1 to 4 set out in the table is met at the date of application. Signup and view all the answers

Explain the significance of the 'specified date' in the context of applications for indefinite leave to enter or remain as a joining family member of a relevant sponsor.

The 'specified date' acts as a cutoff, distinguishing between applications based on when the relationship with the EEA citizen was formed and determining which set of criteria applies for eligibility. Signup and view all the answers

Explain the significance of the phrase 'not conducive to the public good' in the context of conduct committed after a specified date, when deciding on an application.

It provides broad discretionary power to the Secretary of State to refuse an application based on a subjective assessment of whether the applicant's presence harms the overall well-being or interests of the UK public. Signup and view all the answers

Outline a scenario where a durable partner of a relevant EEA citizen might still be eligible for indefinite leave to enter or Remain, even if they were not married or in a civil partnership before the 'specified date'.

If the person who is now their spouse or civil partner was the durable partner of the relevant EEA citizen before the specified date (the definition of durable partner in Annex 1 being met before that date rather than at the date of application) and the partnership remained durable at the specified date. Signup and view all the answers

Critically evaluate the impact of the modifications to regulation 27 of the EEA Regulations (as applied in paragraphs EU16(c) and EU16(d) of Appendix EU) on the rights of individuals with indefinite leave to enter or remain. How do these modifications alter the standard protections typically afforded under the EEA Regulations, and what implications does this have for procedural fairness?

The modifications replace references to 'a right of permanent residence' with 'indefinite leave to enter or remain' within regulation 27. This potentially dilutes the stronger protections associated with permanent residence under the EEA Regulations, as indefinite leave may be subject to different or less stringent safeguards. This raises concerns about procedural fairness if individuals with indefinite leave are subjected to similar public policy/security assessments as those under EEA regulations, but with fewer legal protections typically tied to that status. Ultimately, it allows for broader discretion in refusing applications based on conduct, even for those with a long-term right to remain. Signup and view all the answers

Critically analyze the potential implications of differing eligibility requirements for family members applying before versus on or after July 1, 2021, on family reunification and immigration patterns. Explain your reasoning.

The differing requirements could create disparities in outcomes, potentially disadvantaging families applying after July 1, 2021, due to potentially stricter criteria or a need to demonstrate more recent compliance with specific regulations. This might lead to increased legal challenges and could alter immigration patterns as individuals seek to apply before the deadline or explore alternative routes. Signup and view all the answers

According to the provided text, what are the two categories of family members who can be considered for residence based on their relationship with a qualifying British citizen?

Family member of a qualifying British citizen and A family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen Signup and view all the answers

Under what specific circumstance, related to continuous residence, might an applicant be ineligible for indefinite leave to enter or remain?

If they have completed a continuous qualifying period in the UK of less than five years. Signup and view all the answers

Besides being a family member of a relevant sponsor, what other condition must an applicant meet to be eligible for limited leave to enter or remain as a joining family member?

The applicant is not eligible for indefinite leave to enter or remain under paragraph EU11A of this Appendix solely because they have completed a continuous qualifying period of less than five years which began after the specified date; and Where the applicant is a joining family member of a relevant sponsor, there has been no supervening event in respect of the relevant sponsor. Signup and view all the answers

Name two suitability grounds upon which an application under this Appendix will be automatically refused.

Being subject to a deportation order; being subject to an exclusion order or exclusion decision; the Secretary of State deems the applicant’s presence in the UK is not conducive to the public good because of conduct committed after the specified date; being subject to an Islands deportation order. Signup and view all the answers

Under what circumstance, related to false information, may an application be refused, and what is a key factor in determining this?

If false or misleading information, representations, or documents have been submitted, whether or not to the applicant’s knowledge; the information, representation or documentation is material to the decision whether or not to grant the applicant indefinite leave to enter or remain or limited leave to enter or remain under this Appendix. Signup and view all the answers

Briefly explain the 'supervening event' condition in the context of an application for limited leave to enter or remain as a joining family member.

Where the applicant is a joining family member of a relevant sponsor, there has been no supervening event in respect of the relevant sponsor. Signup and view all the answers

An applicant was previously refused admission under regulation 23(1) of the EEA Regulations. How does this impact a subsequent application under this Appendix?

The application made under this Appendix may be refused on grounds of suitability. Signup and view all the answers

What specific regulation concerning 'non-exercise or misuse of rights' under the EEA Regulations could lead to the refusal of an application under this Appendix, and what is the deadline associated with it?

The applicant is subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights, and the date of application under this Appendix is before 1 July 2021 Signup and view all the answers

An individual had their leave to enter cancelled under paragraph 321B(b)(i) of the immigration rules. If they then apply under this Appendix, can that application be refused, and if so, on what grounds?

Yes, the application may be refused on suitability grounds. Signup and view all the answers

Explain a scenario of misuse of rights where the application would be refused.

If someone is subject to a removal decision under the EEA Regulations because they were not working or self-sufficient (not exercising their rights) and became a burden on the UK social assistance system, and they apply under Appendix EU before 1 July 2021, their application might be refused. Signup and view all the answers

Under what circumstances will an applicant be granted five years' leave to enter or remain as a joining family member of a relevant sponsor?

When a valid application has been made, the applicant meets eligibility requirements for limited leave, and the application is not refused on suitability grounds. Signup and view all the answers

Can the Secretary of State extend limited leave granted under this appendix, even without a formal application for extension?

Yes, the Secretary of State has the discretion to extend limited leave, regardless of whether the person has made a valid application for an extension. Signup and view all the answers

What happens to an application submitted under this Appendix that does not meet the requirements for indefinite or limited leave to enter or remain?

It will be refused. Signup and view all the answers

According to EU7(1), how are definitions within Annex 1 applied to this Appendix?

Annex 1 sets out definitions which apply to this Appendix and any provision made elsewhere in the Immigration Rules for those terms does not apply to an application made under this Appendix. Signup and view all the answers

If a person's indefinite leave to enter or remain has lapsed due to absence from the UK, which appendix applies if they wish to return and settle in the UK?

Appendix Returning Resident applies. Signup and view all the answers

Name three requirements for a valid application made under this Appendix, as specified in paragraph EU9.

Using the required application process, providing required proof of identity and nationality (if applying within the UK), and providing required biometrics. Signup and view all the answers

What is the consequence if an application does not meet the requirements in paragraph EU9?

The application will be rejected as invalid. Signup and view all the answers

Explain the treatment of multiple valid applications made under this Appendix before a decision has been made on a previous one.

The further application will be treated as an application to vary the previous application, and only the latest application will be considered. Signup and view all the answers

How are applications under this Appendix handled when a previous valid application under another part of the Immigration Rules is still being decided?

Both applications will be considered. Signup and view all the answers

Explain how the requirements for limited leave to enter or remain apply to individuals who have already been granted such leave under this Appendix, according to EU4(a).

They must continue to meet the eligibility requirements for that leave which they met at the date of application, or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14/14A. Signup and view all the answers

A person was issued a document under the EEA Regulations, but those regulations have since been revoked. According to EU7(2), does this affect the validity of their document for applications under this appendix?

No, the validity of the document is not affected by the revocation of the EEA Regulations. Signup and view all the answers

Summarize the conditions under which a person granted limited leave to enter or remain may be granted indefinite leave to enter or remain, even without making another application.

The Secretary of State is satisfied that the requirements in paragraph EU2 (where the person has been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where the person has been granted limited leave to enter or remain under paragraph EU3A) are otherwise met. Signup and view all the answers

According to EU9(f), what additional requirement applies to applications made on or after August 9, 2023, by applicants relying on being a joining family member of a relevant sponsor?

The applicant must not be a specified enforcement case. Signup and view all the answers

Insanely Difficult: Explain the interplay between paragraphs EU3, EU3A, EU2, and EU2A concerning the granting of limited and indefinite leave, emphasizing the conditions for each.

EU3 grants limited leave, while EU3A grants limited leave as a joining family member. Subsequent indefinite leave is determined by EU2 (for those initially under EU3) or EU2A (for those initially under EU3A), contingent on meeting their respective requirements, either through application or at the discretion of the Secretary of State. Signup and view all the answers

Insanely Difficult: Imagine an applicant who initially qualified for limited leave under EU3 but now seeks an extension. How does EU4(a) articulate the flexibility in meeting eligibility requirements for this extension? Be precise.

EU4(a) allows the applicant to either continue meeting the original eligibility requirements or meet other eligibility requirements for limited leave in accordance with paragraph EU14, providing a pathway for extension even if their initial circumstances have changed. Signup and view all the answers

What are the two primary conditions an applicant must meet to be considered a family member of a qualifying British citizen for residency purposes?

The applicant must either be a family member of a qualifying British citizen or a family member who has retained the right of residence due to a relationship with a qualifying British citizen. Signup and view all the answers

Name two types of evidence that would prove a documented right of permanent residence?

A permanent residence card or proof of indefinite leave to remain/enter. Signup and view all the answers

Define what constitutes a 'supervening event' in the context of an applicant's eligibility for indefinite leave to enter or remain.

A supervening event is an event that occurs after the initial conditions for eligibility have been met, which then disqualifies the applicant from receiving indefinite leave to enter or remain. Examples of this include, but are not limited to, criminality or other conduct that makes that person undesirable. Signup and view all the answers

Besides family member and retained right of residence, give two other categories an applicant could belong to, to be eligible for limited leave to enter or remain?

Person with a derivative right to reside, or a person with a Zambrano right to reside. Signup and view all the answers

In the context of residency applications, what significance does the 'date and time of withdrawal' have concerning a qualifying British citizen's spouse or civil partner's child?

The marriage or civil partnership must have been formed before the date and time of withdrawal, or the durable partnership must have met the definition before then and remained durable at the time of withdrawal. Signup and view all the answers

If an applicant has completed a continuous qualifying period of less than five years, are they eligible for indefinite leave to enter or remain? Answer yes or no.

No Signup and view all the answers

For a child under 21 of a qualifying British citizen's spouse, what must be true of the spouse or civil partner's application status?

The spouse or civil partner has been or is being granted indefinite leave to enter or remain under paragraph EU2 of this Appendix. Signup and view all the answers

An applicant was lawfully resident by virtue of regulation 9(7). Does this meet condition (c) of paragraph 3 in the table in paragraph EU12?

No Signup and view all the answers

Explain why demonstrating 'valid evidence of their indefinite leave to enter or remain' is important for an applicant's residency status.

It demonstrates that the applicant has already been granted permission to live in the UK permanently, fulfilling a key requirement for certain residency pathways. Signup and view all the answers

Can a qualifying period include time spent as a 'person with a derivative right to reside' before becoming a qualifying family member?

Yes Signup and view all the answers

Explain the difference between indefinite leave to remain and limited leave to remain.

Indefinite leave to remain grants a person the right to live and work in the UK permanently, without immigration restrictions. Limited leave to remain allows a person to stay in the UK for a specific period, subject to conditions and potential extensions. Signup and view all the answers

What is the relevance of EEA Regulations 6 and 9(1) to (6) in assessing the eligibility of a family member of a qualifying British citizen?

EEA Regulation 9(1) to (6) defines lawful residence, while the applicability of EEA Regulation 6 (qualified person) for the British citizen is irrelevant in determining the family member's lawful residence. Signup and view all the answers

An applicant lived in the UK for 3 years as a family member of an EEA citizen and then for 2 years as a family member of a qualifying British citizen. Does this meet the 'continuous qualifying period' condition?

Yes Signup and view all the answers

A qualifying British citizen forms a durable partnership after the date and time of withdrawal. Can their partner's child (under 21) apply for indefinite leave to remain under paragraph 4(a)(ii)?

No Signup and view all the answers

Explain how a 'Zambrano right to reside' might lead to eligibility for indefinite leave to enter or remain, even though it is typically associated with limited leave.

A person with a Zambrano right to reside would need to transition to another qualifying category (such as family member of a qualifying British citizen) and then meet the requirements for indefinite leave, including the continuous qualifying period. Signup and view all the answers

If an applicant submits two applications for indefinite leave to remain that are both approvable, what action will the Secretary of State take?

The Secretary of State will notify the applicant and ask them to choose which application they wish to proceed with and which to withdraw. Signup and view all the answers

What happens if an applicant does not confirm which of the two applications they want to be decided within 14 days?

The latest application will be decided and the other treated as withdrawn. Signup and view all the answers

Name three general categories of individuals eligible for indefinite leave to enter or remain under the provisions described.

A relevant EEA citizen, a family member of a relevant EEA citizen, and a person with a derivative right to reside or Zambrano right to reside. Signup and view all the answers

Condition 1(b) for eligibility of indefinite leave to remain states that 'The applicant has a documented right of permanent residence'. What crucial requirement must also be met according to condition 1(c)?

Since they did, no supervening event has occurred in respect of the applicant. Signup and view all the answers

According to Condition 2, what evidence must an applicant provide in order to meet eligibility for indefinite leave to remain?

Valid evidence of their indefinite leave to enter or remain. Signup and view all the answers

Under Condition 3, what is the minimum continuous qualifying period an applicant must complete to be eligible for indefinite leave to remain?

Five years. Signup and view all the answers

In the context of indefinite leave to remain, what does it mean for a relevant EEA citizen to be 'a person who has ceased activity'?

This refers to an EEA citizen who has retired or is no longer working or self-employed in the UK. Signup and view all the answers

According to condition 5, if the relevant EEA citizen became a person who ceased activity, what is one of the requirements that the applicant must meet?

The applicant was resident in the UK and Islands for a continuous qualifying period immediately before the relevant EEA citizen became a person who has ceased activity Signup and view all the answers

What two conditions relating to the relevant EEA citizen's residence and employment status must be met according to condition 6, if the application is based on the death of a relevant EEA citizen?

The relevant EEA citizen has died and was resident in the UK as a worker or self-employed person at the time of their death; The relevant EEA citizen was resident in the UK and Islands for a continuous qualifying period of at least two years immediately before dying, or the death was the result of an accident at work or an occupational disease. Signup and view all the answers

What is a 'supervening event' in the context of these immigration rules, and how does it affect an application for indefinite leave to remain?

A 'supervening event' is an event that occurs after an applicant has met the initial criteria for indefinite leave to remain that could disqualify them. It negates eligibility, even if the initial requirements were met. Signup and view all the answers

Explain the difference between 'derivative right to reside' and 'Zambrano right to reside' in the context of UK immigration law related to EEA citizens.

A 'derivative right to reside' typically applies to individuals who are the primary carers of a British citizen child, whereas a 'Zambrano right to reside' applies to individuals who are the primary carers of a child who is a citizen of an EEA country, where the child would otherwise be unable to reside in the UK. Signup and view all the answers

Outline the requirements that a family member applying before July 1, 2021, under condition 5 must meet concerning the relevant EEA citizen's status, if the EEA citizen has 'ceased activity.'

The relevant EEA citizen must meet the requirements of sub-paragraph (b) or meet the requirements of sub-paragraph (d)(ii)(bb) or meet the requirements of sub-paragraph (e)(ii) or (e)(iii) or be a relevant naturalised British citizen. All of these are defined in Annex 1. Signup and view all the answers

Insanely difficult: According to condition 5(c)(ii), what specific subparagraphs within the applicable definition of 'relevant EEA citizen' in Annex 1 must a relevant EEA citizen meet if the family member's application date is on or after July 1, 2021?

The relevant EEA citizen must meet the requirements of sub-paragraph (a)(ii)(aa), or sub-paragraph (b)(ii)(aa), or sub-paragraph (c)(i), or sub-paragraph (d)(iii)(aa), or sub-paragraph (e)(i)(bb)(aaa), (e)(i)(bb)(ccc) or (e)(ii)(bb)(aaa) of Annex 1. Signup and view all the answers

Insanely difficult: Imagine an EEA citizen was self-employed in the United Kingdom for three years, then worked as an employee for two years before becoming unemployed and passing away a year later. According to these rules, would their family member automatically qualify for indefinite leave to remain?

Not necessarily. Although the EEA citizen was residing in the UK as a worker immediately before their death as required, they must have resided in the UK and Islands for at least two years immediately before dying unless the death was the result of an accident at work or an occupational disease. Signup and view all the answers

Hypothetically, if someone met all requirements for indefinite leave to remain as a family member of an EEA citizen, but then committed a serious crime punishable by imprisonment, how would this affect their application?

Committing a serious crime could be considered a 'supervening event.' This could lead to the denial of their application or even the revocation of their right to remain, despite initially meeting the eligibility criteria. Signup and view all the answers

According to condition (b) of the first section, what is the minimum continuous qualifying period an applicant must complete?

Five years. Signup and view all the answers

In the context of these rules, what is the significance of someone being a 'joining family member of a relevant sponsor'?

It establishes a basis on which the applicant can be eligible for indefinite leave to enter or remain. Signup and view all the answers

What is a 'supervening event' and why is it important in determining eligibility?

A supervening event is an event that disqualifies the applicant from indefinite leave to remain. It is important because the absence of such an event is necessary for eligibility. Signup and view all the answers

If the relevant sponsor has died, what minimum continuous qualifying period of residence in the UK and Islands is generally required before their death for the applicant to be eligible?

At least two years. Signup and view all the answers

Before July 1, 2021, an applicant could meet the requirements of subparagraph (a)(i)(aa). What is the equivalent requirement after July 1, 2021?

sub-paragraph (b)(i)(aa) Signup and view all the answers

Under what specific circumstance regarding the death of a relevant sponsor is the two year minimum residency requirement waived?

If the death was the result of an accident at work or an occupational disease. Signup and view all the answers

What is the age limit for a child to be considered a 'joining family member of a relevant sponsor' under condition 4?

Under the age of 21 years. Signup and view all the answers

Briefly explain the difference in requirements between a relevant sponsor who has ceased activity versus one who has died, regarding family member eligibility.

For a sponsor who has ceased activity, paragraph (e) states that the applicant was resident in the UK and Islands for a continuous qualifying period immediately before the relevant sponsor became a person who has ceased activity. Whereas, for a sponsor who has died, paragraph (d) states that the applicant was resident in the UK with the relevant sponsor after the specified date and immediately before their death. Signup and view all the answers

How does the date of application (before or after July 1, 2021) affect the criteria that a relevant sponsor must meet, particularly when the sponsor has ceased activity?

The specific sub-paragraphs of the definition of 'relevant sponsor' in Annex 1 that the sponsor must meet differ based on whether the application is before or after July 1, 2021. Signup and view all the answers

Explain the significance of sub-paragraph (b)(ii) in condition 4, concerning the spouse or civil partner of the relevant sponsor.

It allows the applicant (child) to gain eligibility based on the spouse or civil partner of their parent; provided that the spouse or civil partner has been or is being granted indefinite leave to enter or remain under paragraph EU2 of this Appendix. Signup and view all the answers

Differentiate between the requirements of paragraph EU2 and EU2A, and how they impact a child’s eligibility as a joining family member.

Paragraph EU2 applies to the spouse or civil partner of the relevant sponsor. Paragraph EU2A applies in respect of the spouse or civil partner, with the first sub-paragraph (a), together with either the second sub-paragraph (a) or sub-paragraph (b)(i) or (b)(ii), of the definition of joining family member of a relevant sponsor in Annex 1 Signup and view all the answers

Explain why the definition of 'family member of a relevant EEA citizen' in Annex 1 is relevant when considering the eligibility of a child as a 'joining family member of a relevant sponsor'.

Because sub-paragraph (b)(i) in Condition 4 references it; substituting ‘relevant sponsor’ for each reference in that sub-paragraph to ‘relevant EEA citizen’. Signup and view all the answers

An applicant has been living in the UK for four years as a joining family member of a relevant sponsor. The sponsor then dies due to a car accident (not work-related). Is the applicant immediately eligible for indefinite leave to remain? Explain.

No, the applicant is not immediately eligible. The relevant sponsor must have been resident in the UK and Islands for a continuous qualifying period of at least two years immediately before dying, and the applicant was resident in the UK with the relevant sponsor after the specified date and immediately before their death. Both conditions are met. However, the applicant has not met Condition (b) of the first section, so the applicant is not immediately eligible. Signup and view all the answers

Imagine a scenario where a relevant sponsor ceased activity on June 15, 2021. Their joining family member applies for indefinite leave to remain on July 10, 2021. Which set of requirements pertaining to 'relevant sponsor in Annex 1' applies? Describe the potential implications of this date difference.

The requirements of being on or after 1 July 2021 apply. This means the relevant sponsor must meet the requirements of sub-paragraph (b)(i)(aa); or (b)(ii)(aa); or (b)(iii)(aa); or (b)(iv)(bb)(aaa), (b)(iv)(bb)(bbb) or (b)(v)(bb)(aaa); or (b)(vi)(aa). The implications are that the specific criteria the sponsor needs to satisfy are those in effect after July 1, 2021, which may be different or more stringent than those before that date. Signup and view all the answers

Insanely difficult: A relevant sponsor naturalized as a British citizen on January 1, 2020, and subsequently ceased activity on March 1, 2022. Their joining family member applies for indefinite leave to remain on August 1, 2023. Assume all other conditions are met. Explain in detail how the definition of 'relevant naturalized British citizen' in Annex 1, combined with the date sensitivities within condition 2, impacts the application’s success. Specifically, address which sub-paragraphs are most pertinent and why, given the sponsor's naturalization date and cessation of activity.

Because the relevant sponsor naturalized before 1 July 2021, the naturalization must meet the requirements of sub-paragraphs (b), (c), and (d) of the relevant definition in Annex 1. Assuming they meet the criteria in those sub-paragraphs (which concern lawful residence), they should meet the citizenship requirements for the relevant time. Since the date of application is on or after 1 July 2021, the relevant sponsor must the requirements of sub-paragraph (b)(i)(aa); or (b)(ii)(aa); or (b)(iii)(aa); or (b)(iv)(bb)(aaa), (b)(iv)(bb)(bbb) or (b)(v)(bb)(aaa); or (b)(vi)(aa). The interaction here is that the individual first qualified as a relevant naturalized British citizen under the rules before 1 July 2021, but is subject to more stringent requirements because they ceased activity after 1 July 2021, but the application was not made till after 1 July 2021 as well. Failure to satisfy both sets of requirements would lead to the application being denied. Signup and view all the answers

Flashcards

Appendix EU Purpose

Sets out the basis for granting indefinite or limited leave to EEA/Swiss citizens and their family members

Indefinite Leave Requirements

Application, eligibility (EU11 or EU12), and suitability (EU15 or EU16)